BY USING www.firstpalmetto.com (the “Site”), YOU AGREE TO BE BOUND BY THESE TERMS OF USE (“Terms of Use”). THEY GOVERN YOUR ACCESS AND USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ACCEPT THEM IN FULL, AS AMENDED FROM TIME TO TIME AND POSTED ON THE SITE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT ACCESS THE SITE.
Use of the Site
The Site is owned by First Palmetto Bank and its affiliates (collectively “First Palmetto”, “Bank”, “we”, or “us”). The content included on this Site is for the personal or business use of Site users as a means to provide information about and access to certain products and services provided by First Palmetto. The information on this Site may contain typographical errors or other inaccuracies and First Palmetto may modify the Site to correct errors or inaccuracies without notice to you. First Palmetto reserves the right to deny your access to the Site, modify any and all parts of the Site, or update the Site, which may include upgrades, bug fixes, patches and/or new features, or replace the Site, in each instance without notice to you.
You may not copy, modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the content of this Site without the prior written consent of First Palmetto. You acknowledge that you do not acquire any ownership rights by printing or downloading our content on the Site. All such rights are retained by First Palmetto, licensors, or any third-party owner of such rights.
You may not link to the Site on any third-party website without First Palmetto Bank’s prior express written consent. First Palmetto reserves the right to require you to remove from any third-party website a link to the Site at any time for any reason.
You agree to comply with the applicable laws that apply to your use of the Site and/or the products and services. You agree not to participate in any activities that: (i) encourage a violation of any law or regulation by others; (ii) abuse, harass, stalk, defame, impersonate or invade the privacy of another; (iii) infringe the rights of any third party, including intellectual property, business, contractual and fiduciary rights; (iv) are in any way connection with the transmission of “junk mail,” “spam,” “pyramid scheme” solicitations, chain letters, or any other mass distribution of unsolicited email; (v) interfere with the functioning of the Site or any Linked Site; or (vi) involve sending abusive, obscene, hateful or otherwise offensive content through the Site. You agree to comply with the rules of the internet service providers, networks, hosting and telecommunication services, servers, computer databases, and websites that you access or use in conjunction with the Site.
Your unauthorized use of the Site, including any commercial use, or any other violation of these Terms of Use automatically terminates your ability to use this Site, without any requirement for notice and whether or not we take any action against you.
Products and Services
The products and services included on this Site are not available in all geographic areas, and you may not be eligible or qualify for any or all the products and services described on the Site. First Palmetto Bank reserves the right to determine your eligibility for any product or service and all products and services are subject to change without notice. Your use of any product or service accessed through the Site is also governed by your agreement(s) and disclosures with First Palmetto Bank applicable to the product or service. In the event of a conflict between these Terms of Use for the Site and any product or service specific agreement or disclosure, the product or service specific agreement or disclosure shall prevail.
The Site may contain tools and calculators. First Palmetto Bank provides tools and calculators as a service to users for educational purposes only. We do not guarantee the accuracy of the tools and calculators or the results. FIRST PALMETTO BANK IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR, DAMAGES OF ANY KIND ARISING OUT OF THE USE OF SUCH TOOLS AND CALCULATORS.
Copyright and Proprietary Information
The contents of the Site are the property of First Palmetto Bank unless otherwise indicated and protected by copyright and trademark laws. The copyrighted materials on the Site may include, but are not limited to, the design, text, images, software, source code, graphics and other content on the Site. All First Palmetto Bank logos, service marks, trade names and trademarks contained within the Site are the sole property of First Palmetto Bank. It is prohibited for anyone to use such trademarks for any purpose without the prior written consent of First Palmetto Bank. The Site may contain logos and trademarks of third parties, in which case it is also prohibited to use these marks without the third party’s consent. Copyright law protects the content of the Site. You may not reverse engineer, modify, or de-compile any of the technology that we make available to you. You agree not to engage in the practice known as “screen scraping” in an attempt to obtain a list of our Site users.
Privacy
Please reference our First Palmetto Bank Online Privacy Policy which describes how we may collect, share and use information about you based on your interaction with the Site. If you are a customer of First Palmetto Bank, all information that we collect from or about you, including from this Site is shared in accordance with the First Palmetto Bank Privacy Notice. You agree that First Palmetto Bank may take additional measures reasonably necessary to verify your identity when you apply for or use First Palmetto Bank products and services.
Linked Sites
You may be able to access websites operated by third parties from this Site (“Linked Sites”). Unless we tell you otherwise in writing, we do not operate or control any of the information, products or services on Linked Sites. You acknowledge and agree that: (i) you access Linked Sites at your own risk; (ii) we make no representation or warranty, and assume no responsibility for, any Linked Site or the actions or omissions of its owners or operators; (iii) we make no endorsement of, and assume no responsibility for, any goods or services offered by the companies on the Linked Sites; (iv) although we may have a contractual or other relationship with the operators of a Linked Site, we will not be responsible for the content, accuracy, integrity or operation of the Linked Site. FIRST PALMETTO BANK EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF LINKED SITES. First Palmetto Bank offers links to Linked Sites on an “AS IS” basis. Your use of a Linked Site is not governed by the First Palmetto Bank Online Privacy Policy or First Palmetto Bank’s other security practices. The data collection, use and protection practices of a Linked Site may differ from the practices of First Palmetto Bank. You should familiarize yourself with the privacy policy and security practices of any Linked Site.
Warranty Disclaimer
Use of the Site and its contents are at your sole risk and are provided on an “AS IS”, “where is” and “as available” basis. Any products, services or information from the Site are to be used at your own risk, with no obligations, warrantees, or liabilities of any type by First Palmetto Bank. First Palmetto Bank will not be responsible for any loss, damage to equipment, or incompatibility between the Site and any Web browser, operating system, or device utilized by users. First Palmetto Bank does not warrant the accuracy, adequacy or completeness of the information and materials and expressly disclaims liability for errors or omissions in this information and materials. First Palmetto Bank assumes no responsibility for consequences from the use of the information, including but not limited to, delays, the accuracy or reasonableness of information, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy or personal rights of others.
FIRST PALMETTO BANK IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR, DAMAGES OF ANY KIND ARISING OUT OF USE, REFERENCE OR RELIANCE ON SUCH INFORMATION. INFORMATION ON THE SITE IS PROVIED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
Limitation of Liability and Indemnification
EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY LAW, FIRST PALMETTO BANK OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES WILL NOT BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY LINKED SITE.
You agree to indemnify and hold First Palmetto Bank harmless from and against any and all claims, losses, liability, costs, and expenses, including, but not limited to attorney’s fees, arising out of (i) your use of the Site; (ii) your violation of these Terms of Use or (iii) your violation of any applicable federal, state, local laws and regulations relating to your use of the Site. This indemnification and hold harmless obligation will survive the termination of these Terms of Use.
Termination and Amendments
We may terminate your use of the Site and any of the products or services at any time without cause. The Terms of Use will continue to apply following termination to any obligations incurred or arising prior to termination. First Palmetto Bank may amend the Terms of Use at any time, without notice, by posting a revised Terms of Use on the Site. Your continued use of the Site after any revised Terms of Use are posted will be evidence of your agreement to any changes. As such, you should visit this page periodically.
Miscellaneous
Governing Law: These Terms of Use shall be governed by and interpreted under the laws of the State of South Carolina, without giving effect to its conflict of laws provision, and applicable laws of the United States of America.
Severability: If any provision of these Terms of Use is found to be invalid or enforceable by a court of competent jurisdiction, the unenforceable portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and the remainder of these Terms of Use will continue in full force and effect.
Assignment: These Terms of Use will be binding upon the successors, legal representatives and permitted assigns of you and us. You must not transfer any of your rights or obligations under the Terms of Use without our prior written consent. All of our rights and obligations under the Terms of Use are assignable by us.
Entire Agreement: These Terms of Use and the First Palmetto Bank Online Privacy Policy contain your and First Palmetto Bank’s entire agreement regarding the use of the Site, except that your separate agreement(s) and disclosures cover any First Palmetto Bank products or services you may access through this Site.
Waiver: No waiver by First Palmetto Bank of any right under or term or provision the Terms of Use will be deemed a waiver of any other right, term or provision of the Terms of Use at that time or a waiver of that or any other right, term, or provision of the Terms of Use at any other time.